Bonum Certa Men Certa

Keeping the Software Patents Monster Caged in Japan and in the United States

WWI propaganda poster (US version)
DESTROY THIS MAD BRUTE - Enlist U.S. Army" is the caption of this World War I propaganda poster for enlistment in the US Army. A dribbling, mustachioed ape wielding a club bearing the German word "kultur" and wearing a pickelhaube helmet with the word "militarism" is walking onto the shore of America while holding a half-naked woman in his grasp (possibly meant to depict Liberty). This is a US version of an earlier British poster with the same image. Dated ca 1917. [source: Wikipedia]



Summary: Why software patents should be confined geographically, as Microsoft mostly manages to extort Linux distributors in few places that acknowledge patents (monopolies) on algorithms

LWN, one of the best Linux sites out there, says that In Re Bilski means "business [method patents] as usual" (that's the headline).



"Business method patents nearly bite the dust," says SCOTUS Blog in the headline. In summary:

Reflecting on Justice Stevens’ lost majority opinion in Bilski


Brad Feld, a critic of this system [1, 2] with a long series of rants about software patents, previously wrote about "Why Bilski Really Means That Software Companies should leave the US" (snippets in Digital Majority).

The problem is made greater when countries other than the United States become equally hostile towards software developers and more friendly towards their lawyers.

According to this patents blog, there are changes in Germany that almost overlap horrible news about the Siemens case [1, 2, 3, 4, 5] and even Microsoft's FAT patent (upheld in Germany).

The German Federal Supreme Court (Bundesgerichtshof) has recently made clear that every court has to take into account preceding decisions of the European Patent Office (EPO) and of courts of other contracting states to the European Patent Convention (EPC) if these decisions essentially concern the same questions. Although there is no principle of precedence in Germany – neither in respect of German nor of foreign decisions –, the recent ruling of the Federal Supreme Court (Bundesgerichtshof, 15 April 2010, Xa ZB 10/09 – “Walzenformgebungsmaschine”) requires more than just regarding other decisions with favour. Every court has the obligation to deal with the arguments brought forward in other – German, EPO or foreign – decisions.


Two years ago it was a Symbian-related case that seemingly brought software patents into Europe via the UK. Earlier this year Germany's legal system was named as a similar type of culprit and it's important to watch and report these precedences. According to this report, DENSO, which is based in Japan (where software patents are legal), has just signed a patent deal with Microsoft. Linux is not mentioned at all, except by The Register which brings TomTom's case into it (gymnastics in logic?):

Microsoft scored yet another patent licensing deal yesterday, this time with automotive tech firm DENSO Corp.

[...]

Famously, Microsoft's original court allegations over the three file management patents involved TomTom's use of the Linux kernel, and according to Redmond at the time the settlement provided TomTom with coverage under those three patents in a way that was compliant with TomTom's obligations under the General Public License Version 2 (GPLv2).


Many people must have noticed by now that Microsoft is capable of signing Linux-hostile software patent deals in the few places other than the United States (where Xandros, Linspire, and Novell are/were based) that acknowledge software patents. Examples include Fuji Xerox, Turbolinux, Kyocera Mita, and I-O Data (based in Japan too). It is therefore important to ensure that software patents never reach Europe, not in any formal sense anyway.

Korean giants like Samsung and LG have sold out to Microsoft as well (software patents are arguably valid over there). These two companies pay Microsoft for Linux on any items they sell, so it's not clear why some Linux proponents are jubilant:

LG, Samsung big on Android



[...]

And now most other mobile phone makers, and those readying to ship tablet PCs, are embracing Android. Among them are LG and Samsung both of which are on the brink of releasing Android-based devices.


Microsoft makes money from those. It is better to buy an Android handset from Motorola, for example.

Recent Techrights' Posts

IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
 
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day